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Dismissal of Fraud Suit Upheld on Appeal

September 1, 2006

Payday lender Stewart Finance Company and two related entities failed and filed for bankruptcy. One hundred fifty-five purchasers of securities sued Stewart Finance’s accountants and lawyers. Joe Kingma defended the accountants against multi-million-dollar fraud and RICO claims and filed motions to dismiss. The trial court agreed that the plaintiffs had not pled fraud and RICO violations with particularity, as Georgia law requires. The Court of Appeals of Georgia affirmed the dismissals with prejudice. Hawks v. Miller & Martin, PLLC, Case A06A0604; Sweetapple v. Miller & Martin, PLLC, Case A06A0605; Sweetapple v. Smith, Case A06A0606, not officially reported (2006).

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